Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Mexico (Ratification: 1978)

Other comments on C118

Direct Request

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Article 5 of the Convention (read in conjunction with Article 10). Payment of long-term benefits abroad. The Committee notes the statistical information supplied by the Government with its 2011 report on the pensions paid in countries with which bilateral social security conventions have been concluded, i.e. Argentina, Canada, Italy, Spain and the United States. The Committee invites the Government to provide in its next report statistical information on invalidity benefits, old-age benefits, survivors' benefits and death grants, and employment injury pensions paid by virtue of sections 159(IV), 117, 120 and 127 of the Social Security Act to nationals of any other country party to Convention No. 118 which has accepted the obligations of the Convention in respect of these branches (as well as to nationals of countries party to the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), in respect of employment injury benefits). Please also provide information on benefits to its own nationals and to refugees and stateless persons, in the event of residence in a country with which no bilateral agreement has been concluded.

The Committee notes the information provided by the Government in reply to its previous comments confirming that the national legislation does not establish a condition of residence in Mexico with respect to beneficiaries of survivor pensions.

Parts II, IV and V of the report form. Application of the Convention in national law and practice. The Committee notes with interest Decision No. 182068, rendered in February 2004 by the Collegial Tribunal of Circuit, which, based on the provisions of the Convention, decided that foreign workers who fall victims of occupational injuries shall be afforded protection regardless of whether they are in a regular situation in the country. The Committee invites the Government to explain whether and how this decision has been implemented in practice. The Committee also requests the Government to supply with its next detailed report the information requested by the report form under each of the provisions of the Convention.